IV.4. Resolution Establishing Legislative Policy 5-I Sidewalk Café Policy; Domeier (CR2016-016)February 16, 2016 Council Report 2016-016
Resolution Establishing Legislative Policy 5-I
Sidewalk Café Policy
Proposed Action
Staff recommends adoption of the following motion: Motion that the Hopkins City Council
adopt Resolution 2016-012 Establishing Legislative Policy 5-I Sidewalk Café Policy and
Resolution 2016-013 Setting Fees for the Sidewalk Café Permit.
Approval of this motion will establish language in Policy 5-I for City’s policy on issuing
Sidewalk Cafe Permits and set the renewal fees for the permits.
Overview
Staff is requesting that the Sidewalk Café Program be adopted as a Legislative Policy. Last
spring the City Council approved the creation of the Sidewalk Café program, permit and fees.
Two businesses participated in the program during the summer. Staff received minimal
complaints about the sidewalk cafes. Because the program was new and considered a trial
program, staff reevaluated the terms of the policy and permit. Based upon staff feedback,
changes to the program were proposed. The City Council reviewed the changes at its work
session on January 12 and supported moving forward with the policy as presented.
The goals of the program remain the same: to support local business, encourage human
interaction, encourage street activity, and continue the City’s art culture. An updated policy and
application will be sent to all eligible businesses.
Primary Issues to Consider:
Policy changes for 2016.
Supporting Information:
Legislative Policy 5-I Sidewalk Café Policy
Resolution 2016-012
Resolution 2016-013
Amy Domeier, City Clerk
Financial Impact: $__________Budgeted: Y/N _______ Source: ________________
Related Documents (CIP, ERP, etc.): _______________________________________
Notes: _______________________________________________________________
Primary Issues to Consider:
Policy changes for 2016.
Permit: The permit will be valid May 1 through October 15. Staff reserves the right to change
the permitted dates based upon emergency or weather related conditions. Applicants are
required to apply for a new permit each year. Starting in 2017, applicants will be eligible to
apply for a renewal permit if there are not significant changes to the original application.
Permit Review Process: Applicants are now required to show more detail within their site plan.
The requirements are outlined in section 3.01 (d).
Site Specifications: The Sidewalk Cafes are now allowed for restaurants and brewpubs between
7th Avenue and 13th Avenue that either front Mainstreet or front a right-of-way located within a
half block of Mainstreet. Last year only businesses between 8th and 11th Avenue were eligible.
In addition, to qualify for a Sidewalk Café, the business shall not have private opportunities for
outdoor seating in the front of building or street side.
Design Specifications: Treated lumber is not considered an acceptable building material. If a
temporary walkway structure that bumps out into the roadway is used, reflective bollards or
strips must be located at either end of any portion of the structure located within the roadway and
be affixed or incorporated into the structure.
Additional Requirements: Staff has included more information about the liability insurance
requirements as recommend by the City’s insurance provider. In addition, language has been
added to the policy about claims and damages.
POLICY 5-I
SIDEWALK CAFÉ POLICY
1. PURPOSE AND GOALS
1.01 Outdoor café seating for businesses provides multiple benefits to the City. The Goals of
the Sidewalk Café program are to do the following:
Support Local Business – Outdoor seating attracts the attention of pedestrians and
increases their stay. Not only does outdoor seating promote the adjacent business, but
increases other businesses’ visibility when customers choose to be seated outside.
Continue City’s Art Culture – It fosters a creative and innovative spirit that furthers
the identity of the area as an Art destination and city.
Encourage Human Interaction – The aesthetically pleasing and nontraditional
setting provides an additional option where pedestrians can relax, enjoy, and interact
with their fellow community members.
Create Public Space on Mainstreet – By repurposing city on-street parking spaces
into outdoor seating, it addresses the need for additional public space. It promotes and
reinvents new views on the urban landscape.
Encourage walking – Outdoor seating encourages more pedestrian activity by
livening up the street, creating more things to look at, and making the businesses
appear more active.
2. PERMIT REQUIRED
2.01 Any qualifying business wishing to add a Sidewalk Café must obtain a Sidewalk Café
Permit. To qualify for a Sidewalk Café, the business shall not have private opportunities
for outdoor seating in the front of building or street side.
2.02 Applications for the Sidewalk Café Permit will be available at the City Clerk’s office,
and if approved, shall become part of the permit. Incomplete applications will be
returned.
2.03 The permit fee shall accompany the application.
2.04 The permit is only valid from May 1 through October 15. The City reserves the right to
change the permitted dates based upon emergency or weather related conditions.
2.05 Applicants are required to apply each year for a new permit.
2.06 Starting in 2017, Applicants will be eligible to apply for a renewal permit if there are not
significant changes to the original application submittal.
2.07 Approval of the Sidewalk Café Permit does not indicate approval of a business license,
liquor license, or other required licenses or permits.
3. PERMIT REVIEW PROCESS
3.01 Qualifying business submits a Special Event Permit Application. The application
includes the following:
a. City of Hopkins Application Form
b. Certificate of Liability Insurance
c. Proof of Workers Compensation Insurance Form
d. Site Plan
1. A drawing showing the layout and dimensions of the existing sidewalk area
and adjacent property, existing utilities, including fire hydrants, and public
improvements such as benches, trash receptacles and landscaping, and the
proposed location, size and number of tables, chairs, planters, umbrellas or
other objects related to the sidewalk café, location of doorways and the
pedestrian circulation path.
2. Photographs, drawings or manufacture’s brochures fully describing the
appearance of all proposed building materials, tables, chairs, umbrellas, trash
receptacles, exterior lighting, portable heaters or other objects related to the
sidewalk café.
3. Lighting Plan.
4. Landscaping Plan.
3.02 Application is submitted to City Clerk and reviewed by:
a. Planning and Economic Development Department
b. Public Works
c. City Engineer
d. Police Department
e. Fire Department
f. City Manager
3.03 The Permit is administratively approved subject to conditions as approved in this policy.
Any significant changes to these conditions will require review and approval by the City
Council.
3.04 An inspection and final approval by Public Works.
4. PUBLIC OUTREACH
4.01 Applicant must notify businesses immediately adjacent to the proposed Sidewalk Cafe
area. Notification must include a layout and duration for the outdoor seating.
4.02 Additional outreach to business associations and/or neighborhood associations may also
be required.
5. CONDITIONS OF APPROVAL
5.01 Site Specifications:
Sidewalk Cafes are limited to restaurants and brewpubs between 7th Avenue and 13th
Avenue. Business must either front Mainstreet or front a right of way located within
half block from Mainstreet. To qualify for a Sidewalk Café, the business shall not
have private opportunities for outdoor seating in the front of building or street side.
Sidewalk Cafe area shall be limited to the public right of way abutting the business to
which it is attached.
Sidewalk Cafe may not block access to a bus stop.
Sidewalk Cafe must be located at least 20 feet from any fire hydrants.
Sidewalk Cafe must not block site lines at intersections as determined by the City
Engineer.
The City maintains the right to review and make final determination as to the location
of each Sidewalk Café based on the unique circumstances related to each business.
5.02 Design Specifications:
If the operating business serves alcoholic beverages, a decorative barrier or railing
between 32 and 42 inches in height is required around the sidewalk café area. Treated
lumber is not an acceptable building material.
Lighting must be sufficient to promote public safety, directed downward, and
compatible with the surrounding area.
Annual/perennial flowers shall be used to enhance the streetscape aesthetics
Canopies/umbrellas shall be used for sun protection
Sidewalk Café area must meet ADA (American Disability Act) requirements
Design consideration must include architectural and characteristics of area
No commercial signage may be placed on the sidewalk café area, only directional
signage.
A minimum clear passage zone for pedestrians of at least five feet shall be maintained
at all times.
Umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shall
have a minimum head clearance of seven feet.
If a temporary walkway structure that bumps out into the roadway is used:
o The structure shall be constructed of metal or composite material or other
weather resistant, long lasting, high quality material. Treated lumber is not an
acceptable building material.
o Maximum width shall not exceed 8 feet
o Maximum length shall not exceed 40 feet, or the length of the frontage of the
business to which it is attached, whichever is smaller.
o No supports or brackets may extend onto the walkway where they might cause
tripping hazards or otherwise interfere with people using the walkway.
o Decorative barriers between 36 inches and 42 inches in height are required
separating the pedestrian walkway from the roadway.
o Reflective bollards or strips must be located at either end of any portion of the
structure located within the roadway and be affixed and incorporated into the
structure.
o Directional signage shall be used to assist pedestrians in utilizing the
walkway.
o Surface of structure must be leveled with sidewalk surface (up to 1/4
clearance).
o No more than a ½ inch gap between the structure and curb is permitted.
o Structure may not impede water flow and drainage.
5.03 Management Specifications:
A minimum clear passage zone for pedestrians of at least five feet shall be maintained
at all times. The exits from the walkways must be clear at all times. Signs, chairs,
etc. shall not be placed so as to interfere with pedestrians exiting the walkways in
order to continue on the City sidewalk.
The furniture associated with the Sidewalk Café shall be moveable, washable,
constructed of metal or composite or other high quality material, and maintained in a
safe and sanitary condition.
The Sidewalk Café area shall be controlled and monitored continuously during the
hours of operation and unruly patrons shall be removed immediately.
Patrons shall not leave the premises with a drink nor can drinks be taken onto a public
sidewalk that is outside of the Sidewalk Café area.
The Sidewalk Café area must be included in the required liquor liability insurance for
the premises.
Hours of operation of the Sidewalk Café shall be limited to between 10:00 am and
11:00 pm.
Permitee shall not allow smoking within the Sidewalk Café area.
Alcoholic beverages may only be brought into the Sidewalk Café area by a server.
Permitee shall pick up litter within 100 feet of the Sidewalk Cafe area on a daily
basis. Appropriate receptacles for rubbish, garbage, etc. must be provided.
The Sidewalk Café area must be free of debris, litter, and soil surrounding and
underneath any structure platform.
No electronically amplified outdoor music, intercom, audio speakers, or other such
noise generating devices shall be allowed in the Sidewalk Café area.
6. ADDITIONAL REQUIREMENTS
6.01 Insurance. Applicant must provide the City with a Certificate of Insurance showing proof
of general liability insurance, automobile liability insurance (if applicable) and liquor
liability insurance (if applicable) meeting the following minimum requirements:
Applicant shall procure and maintain for the duration of the permit commercial
general liability insurance protecting it from claims for damages for bodily injury and
property damage which may arise from or in connection with the event’s operation
and use of the City’s property in the minimum amount of $1,000,000 per occurrence.
If alcohol will be sold or served, Applicant must have liquor liability (dram shop)
insurance in the minimum amount of $1,000,000 per occurrence.
The City shall be endorsed as an additional insured on all liability
policies. Applicant’s insurance shall be primary.
The City reserves the right to modify these insurance requirements depending on the
nature and scope of the permit.
6.02 Claims. Applicant agrees to defend and hold the City harmless from claims, demands,
actions or causes of actions, of any nature of character, arising out of, or by reason of
conduct of the event authorized by such premise extension, including attorney fees and
all expenses.
6.03 Damages. Applicant will indemnify the City for all damages that may result to City
property as a result of an event.
6.04 The City reserves the right to request at any time that the structure be removed for any
utility work that needs to be performed in the City right-of-way. Additionally, the City
may require the permit holder to remove the structure for emergency purposes or as
deemed necessary.
Established: 02/16/2016
City of Hopkins
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2016-012
ESTABLISHING LEGISLATIVE POLICY 5-I – SIDEWALK CAFE POLICY
WHEREAS, the City Council of the City of Hopkins has approved a document entitled the
Legislative Policy Manual to provide uniform guidelines on City policies so that actions taken
are consistent and fair; and
WHEREAS, the City Council has created Legislative Policy 5-I in order to set forth procedures
to be followed by applicants of Sidewalk Café Permits.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby
adopts the establishment to Legislative Policy 5-I Sidewalk Café Policy as proposed in Council
Report 2015-016.
Adopted by the City Council of the Cit y of Hopkins this 16th day of February, 2016.
By:___________________________
Molly Cummings, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2016-013
RESOLUTION SETTING RENEWAL FEES FOR SIDEWALK CAFÉ PERMITS
WHEREAS, the Hopkins City Code authorizes the City Council to set fees by
Resolution; and
THEREFORE BE IT NOW RESOLVED that the following fees should be established
for issuance of renewal Sidewalk Café Permits as defined in Legislative Policy 5-I and
underlined below:
1. Sidewalk Café Permit $350 per year
2. Sidewalk Café Permit Renewal $200 per year
(effective January 1, 2017)
Adopted by the City Council of the City of Hopkins this 16th day of February, 2016.
______________________________
Molly Cummings, Mayor
ATTEST:
_____________________________
Amy Domeier, City Clerk